[Deathpenalty] death penalty news----worldwide

[Rick Halperin]

June 6




MALAYSIA:

Prosecution withdraws alternate charges in Kevin Morais' murder trial


It's now a life or death matter for the men accused of murdering deputy public 
prosecutor Datuk Anthony Kevin Morais, following the prosecution's withdrawal 
of its alternate charges.

DPP Datuk Abdul Razak Musa applied to have the alternate charges withdrawn, as 
it had been rejected by the accused earlier in the trial.

The application was allowed without objection.

On March 28, S. Nimalan, 23, was proffered the alternative charge of concealing 
Morais' body and disposing of his car, with the intention of protecting the 
offenders from legal repercussions.

Meanwhile, A.K Thinesh Kumar, 23, was offered a charge of culpable homicide not 
amounting to murder.

Both claimed not guilty to the charges.

DPP Abdul Razak later told reporters that by withdrawing the alternate charges, 
the accused would not have the choice of changing their plea and admitting to 
the lesser offences mid-trial.

On Jan 27, Nimalan and Thinesh Kumar, along with 4 others, namely G. 
Gunasekaran, 48; R. Dinishwaran, 24; M. Vishwanath, 26; and Ravi Chandaran, 35, 
claimed trial to charges of murdering Morais.

They are accused of committing the offence between 7am and 8pm on Sept 4, 2015, 
between Jalan Dutamas Raya Sentul and No. 1 Jalan USJ1/6D, Subang Jaya.

Colonel Dr R. Kunaseegaran, 53, pleaded not guilty to abetting the 6 in the 
murder.

They face the mandatory death penalty if convicted under Section 302 of the 
Penal Code.

Counsel Sivananthan and Datuk Geethan Ram Vincent acted for Kunaseegaran, 
counsel V. Rajehgopal defended Gunasekaran, Vishwanath, Nimalan and Ravi 
Chandaran, while lawyer M. Manoharan represented for Dinishwaran and Thinesh 
Kumar.

It was reported that Morais, who was on his way to work, had his car rammed and 
was kidnapped.

His body was found in a cement-filled oil drum and his burnt car was found 
elsewhere, with the identification numbers erased.

The trial before Justice Azman Abdullah continues Tuesday.

(source: The Star)






IRAN----executions

2 Men Hanged in Public in Shiraz


2 men were hanged in public in the city of Shiraz (province of Fars, southern 
Iran) early morning on Sunday June 5. According to confirmed reports, there 
were dozens of people watching the execution, including small children. 
According to a report by Iranian state-run news agency, Rokna, 1 of the 
prisoners, identified as "Mojtaba G", was executed for "commiting an act of 
rape before attempting murder". The other prisoner, unidentified, was 
reportedly executed for "Corruption on earth". The unidentified prisoner was 
reportedly scheduled to be hanged in public on Thursday June 2, but his 
execution was reportedly postponed for a few days due to unknown reasons. In an 
earlier report by Iran Human Rights, citing the state-run news agency, Mizan, 
the unidentified man was sentenced to death for creating an environment of 
instability in Shiraz by attacking the homes of residents at night and 
committing acts of rape.

Over the 2 weeks, there were 6 public executions reported in Fars, 5 of them 
were reportedly carried out in Shiraz. According to statistics gathered by Iran 
Human Rights, in the past several years, the province of Fars has been home to 
the most public executions in Iran.

(source: Iran Human Rights)






PHILIPPINES:

Pimentel for death penalty over extra-judicial killings

Former Senator Aquilino Pimentel Jr., on Sunday said that he would rather have 
the death penalty reinstated instead of having extra-judicial killings as 
punishment for those who committed heinous crimes.

But the ex-lawmaker was quick to clarify that he is against the death penalty 
because he believes in the importance of life and everyone is entitled to the 
right to life.

"In effect, what I'm saying is... kung may pagpipilian ang taumbayan na 
extrajudicial killings o death penalty, mas mabuti na na idaan sa batas, (if 
given a choice between extra judicial killings or death penalty, it would be 
better if it will be coursed through the law)," he said.

The former lawmaker at the same time sees the possibility of the re-imposition 
of the capital punishment under the Duterte administration because of his 
popularity.

A political ally of Duterte, Pimentel was one of the authors of the law that 
repealed the death penalty in 2006.

Meanwhile, the former Senator also appealed to media and the general public to 
give Duterte a chance noting that the president elect would not do anything 
that is against the Constitution.

As a lawyer, Pimentel said Duterte knows the law and is aware of the bounds of 
his actions, although there are some occasions when he committed speech errors 
or slips of the tongue.

"I am sure that when he takes his oath as President, he will uphold the 
Constitution, that is why we should give him a chance," Pimentel added.

Duterte was criticized for justifying the murder of journalists saying that 
some of them were killed because they are corrupt.

Pimentel said that members of the media have all the reasons to react 
negatively or show concern regarding Duterte's remarks but he noted that what 
the incoming president wanted to say is that there are limitation to press 
freedom.

"Meron din kayong responsibility... In other words, may hangganan ang press 
freedom. Ang hangganan is what is allowed by law, (media also has a 
responsibility... in other words, press freedom has limitations. The limitation 
is what is allowed by law)" he explained.

The former Senator said Duterte is determined to ensure that members of the 
media who commit a mistake will also be held liable in accordance with the law.

(source: The Manila Times)



PAKISTAN:

Death penalty resumes in Pakistan after APS massacre


After Peshawar Army Public School (APS) massacre execution started again in 
Pakistan, as a result hundreds of terrorists were executed so far in Pakistan's 
different jails. Mounting pressure of Army, religious parties and affected 
families compelled Prime Minister of Pakistan to lift ban on death penalty. 
Before APS government had banned death penalty in Pakistan due to international 
pressure. Therefore, except for the execution of a soldier, Muhammed Hussein, 
in November 2012 there have been no executions in Pakistan for almost f5 years.

Prime Minister Nawaz Sharif on Wednesday approved the removal of moratorium on 
death penalty after the carnage in Peshawar killed 141 people.

Addressing an All Parties Conference (APC) in Peshawar, the premier announced 
that the moratorium on death penalty, which was imposed under international 
pressure, has been lifted.

President Mamnoon Hussain has turned down mercy petitions of 8 convicted 
terrorists after the government lifted moratorium on death sentence for 
convicted terrorists.

Army religious parties and parents of the martyred hailed government step of 
lifting ban on death plenty and said the executions would act as a deterrent 
against future attacks.

Pakistan has reportedly one of the largest death row populations in the world 
with more than 8,000 prisoners sentenced to death. Some 150 countries have 
abolished the death penalty or no longer carry out executions. This growing 
community of states encompasses all major cultures, religions and regions. 
These countries have recognised that state killing is ineffective in deterring 
crime, arbitrary in its application and risks executing the innocent.

David Griffiths, Amnesty International's Deputy Asia Pacific Director, said he 
was disappointed that the Pakistani government had "given into fear and anger".

The UN human rights office had made an appeal to refrain from resuming 
executions, saying it would not stop terrorism and could feed a "cycle of 
revenge".

Reprieve, a UK-based human rights charity, claimed many prisoners likely to be 
hanged were "simply not terrorists".

Political parties had unanimously agreed over the issue of setting up military 
courts to tackle terrorism cases in the country following the gruesome attack 
on the Army Public School in Peshawar in December 2014, following which the 
Parliament passed the 21st constitutional amendment to set up the said courts.

President Mamnoon Hussain had promulgated an ordinance further revising the 
recently amended Army Act to ostensibly aid the functioning of military courts 
by allowing for trials in camera, i.e without the presence of the public or the 
media, and over video link if necessary.

Political parties on late Wednesday reached a consensus over the issue of 
setting up military courts for tackling terrorism cases in the country.

"This is historic occasion for our nation," Prime Minister Nawaz Sharif said at 
the concluding session.

Like politicians and Army officers Supreme Court (SC) of Pakistan also gave its 
verdict in favour of military court establishment. Prime Minister Nawaz 
Sharif's Special Assistant for Law Ashtar Ausaf Ali called the SC decision 
"another strike against terror", adding, "It???s a success for the nation."

He said that the apex court stated that amendments which can change the country 
for the better can be made to the Constitution and added that military courts 
have been set up in order to "crush terrorists".

Chief of Army Staff (COAS) General Raheel Sharif has signed the death warrant 
of 6 hardcore terrorists, pending execution, by a Field General Court Martial 
(FGCM).

The announcement comes 1 day, after Prime Minister Nawaz Sharif had approved 
the removal of moratorium on the death penalty after Tuesday's terrorist attack 
in Peshawar.

Chief of Army Staff (COAS) General Raheel Sharif confirmed death sentences 
awarded to another 12 hardcore terrorists, who were involved in committing 
heinous offences relating to terrorism, including breaking of Bannu Jail, 
attacks on Armed Forces, Law Enforcement Agencies and civilians, the Inter 
Service Public Relations (ISPR) reported.

Earlier on January 1, General Raheel Sharif had signed death warrants of nine 
terrorists involved in attacks on Inter Services Intelligence (ISI) 
Headquarters in Multan, Parade Lane and offices of the law enforcers.

On December 29, four militants were hanged in the northwestern garrison town of 
Kohat for assisting in suicide attacks and bombings. All four were sentenced by 
military court in April 2015.

On December 2, terrorists involved in attack on the army-run school in Peshawar 
were hanged.

Since December 17, 2014, the authorities have executed nearly 330 people in 
less than a year. The lifting of the moratorium was meant to be part of a 
crackdown on militants, but most of those executed have been convicted of 
criminal offenses.

More than 8,000 convicts are yet to be hanged while hundreds of them have 
exhausted appeals process.

Chief of Army Staff General Raheel Sharif yesterday confirmed death sentences 
awarded to the 5 hardcore terrorists involved in the Safora Chowrangi bus 
attack last year in Karachi that killed and injured more than 2 dozen people 
belonging to Ismaili community.

The long and short of the foregoing discussion is that terrorist activities 
have controlled up to maximum extent in Pakistan. Moreover execution process 
has gotten fast due to establishment of military court in Pakistan. Now 
decision of hanging terrorists is being taken within a weeks. This thing 
compels terrorists to keep themselves away from terrorist activates. In 
addition to that economic environment has gotten better not only for the local 
as well as for the foreign investors that is way foreign countries are showing 
their interest of doing business with Pakistan.

(source: Daily Times)






GLOBAL:

Thousands Sit On Death Row As 1,600 Face Execution


The highest number of executions for more than a quarter of a century were 
recorded by Amnesty International in 2015.

The total was 54% more than in 2014 at 1,634 deaths.

Most of the executions were carried out by the security forces of 3 countries - 
Iran, Pakistan and Saudi Arabia.

The number does not include deaths by terrorism or civil unrest.

Saudi Arabia saw executions rise 76% to 158, but far more were killed in Iran, 
where the count was up to 977. Most of the deaths in Iran were for drug related 
crime.

Iran, The Maldives and Pakistan also executed juvenile offenders.

International law ignored

Amnesty International also accuses some countries of ignoring international law 
and passing the death sentence on those suffering from mental or physical 
disabilities and many offenders committing non-lethal crimes.

The executions were spread across 25 countries - 3 more than in 2014, although 
6 countries who had stopped putting offenders to death started carrying out 
sentences again - Bangladesh, Chad, India, Indonesia, Oman and South Sudan.

Besides those who were killed, 1,998 people were sentenced to die, while 20,292 
other prisoners sit on death row waiting for their sentence to be carried out.

"The government in Pakistan started executing people again after an attack on a 
school in Peshawar," said the Amnesty International report.

By the end of the year, 326 executions were carried out.

"Suspected offenders in Pakistan suffer torture to find evidence to support 
convictions. Many trials are unfair and those before the courts are denied 
their rights," said the report.

China suspected of killing thousands

"We feel hundreds of people go to their deaths under the pretence of serving 
justice who may not be guilty of any crime."

4 countries banned the death penalty in 2015 - Madagascar, Suriname, Fiji and 
the Congo. Mongolia has also voted to stop executing offenders from September 
2016.

"More than 1/2 the world has condemned the death penalty," said the report. 
"102 countries and 18 American states have abolished execution, while many more 
have the death penalty in statute, they refuse to order or carry out the 
sentence.

"Just a few stand against an opposing world and need to change their laws to 
abolish the deaths sentence and respect that everyone has a right to live."

China is suspected of executing thousands of prisoners every year, but the 
government refuses to publish any figures.

(source: parsherald.com)






THAILAND:

PM calls for death penalty for rapists, stepped up fight against trafficking


Prime Minister Prayut Chan-o-cha Monday ordered the legal community and 
judiciary to ensure that convicted rapists are sentenced to death.

"Foreign countries tackle rape cases by resorting to capital punishment," the 
prime minister said. "Is it possible in Thailand? The judicial sector must 
undertake this.''

Prayut added that he also wanted legislators to review the punishment of 
suspects who are accused of serious crimes, which if prosecuted will create 
far-reaching consequences for the public.

"Is it possible that we impose heavier punishment for offenders in serious 
crimes? Some offences carry only Bt1,000 to Bt2,000 fines. This is not right 
because the country has to spend resources in putting these cases through trial 
of hundreds of thousands to millions,'' he said.

Prayut made the remarks on the occasion of world Anti-Human Trafficking Day 
while presiding over an awards presentation ceremony for officials who have 
succeeded in prosecuting offenders in human trafficking cases.

(source: nationmultimedia.com)






INDIA:

Gulbarg Society case: Hearing on quantum of punishment adjourned till 9 June


14 years are not long enough for the victims of Gulbarg Housing Society 
massacre to get closure. On 2 June, a special SIT court had convicted 24 of the 
66 accused in the case. Of the 24 convicted, 11 have been charged with murder, 
while 13 others have been convicted for lesser offences. Pronouncement on the 
quantum of punishment in the case was expected on Monday, however, the hearing 
has now been adjourned till 9 June.

Special Court Judge PB Desai had acquitted 36 others, including sitting BJP 
corporator Bipin Patel and also dropped the conspiracy charge (120 B) against 
all the accused in the 2 June verdict. Of the 66 accused, 6 had died during the 
trial and nine are already in jail. The court also said that there is no 
evidence of criminal conspiracy in the case, while dropping section 120 B of 
the IPC.

Congress corporator Meghsinh Chaudhari and K G Erda, who was the police 
inspector of the area in which Gulbarg Society was located, are among those 
acquitted, while VHP leader Atul Vaid is among the 24 convicted.

Arguing the brutal nature of the crime, the prosecution on Monday sought 
capital punishment for the 11 convicted for murder. The defense lawyers on the 
hand said that the Supreme Court says death penalty can only be granted when 
there is total certainty and the prosecution's argument is based on partial 
evidence, reported CNN-News18.

Bipin Patel, who is acquitted in the case, is a sitting BJP corporator from 
Asarva seat. He was also corporator in 2002 when the massacre took place and 
won the election for 4th consecutive term last year.

During the trial, the victim's lawyer had argued that the massacre was a 
pre-planned criminal conspiracy to kill minority community members of the 
Gulbarg Society. The defence had refuted the conspiracy theory of prosecution 
and claimed that the mob resorted to violence only after slain Congress MP 
Eshan Jafri fired several rounds at them.

Zakia Jafri, who has been fighting for justice for her late husband MP Ehsan 
Jafri, had expressed dissatisfaction over the verdict that was pronounced on 2 
June.

"No, I am not satisfied with the verdict. I did not like it. All should have 
been given punishment for what they did and what they did not. I know it all 
and as I have seen the massacre. I expected all to be convicted...how they 
killed people, how they made them homeless, I saw it myself," Zakia said.

"I can't dare to ask for capital punishment, but maximum punishment should be 
given. They should be given life imprisonment so they could know the pain of 
staying away from their family and children," she said.

"My fight should have stopped but looking at the judgement the fight will 
continue," she said.

After the 2 June verdict, Ehsan Jafri's son Tanvir raised questions on 
acquittal of 36 people. "It was a big society with 15-20 bungalows and 10 
apartments with 400-500 occupants. So how can 24 people loot and burn the 
entire society for 24 hours and kill so many people in such a brutal manner. So 
that way it looks very odd," Jafri said.

Former CBI Director RK Raghavan, who headed the Special Investigation Team 
(SIT) to probe cases including the Gulbarg Society massacre, had said that he 
has mixed feelings over the verdict.

"We did our best with all the facts before the court. It refused to buy our 
story. The court has believed us partly by not convicting all the accused. It 
shows the mettle of the Indian judiciary. They just want the investigating 
officer to place all the facts. And it is for the court to make a decision," 
the ex-SIT chief said.

(source: firstpost.com)

****************

Gulberg riots: Prosecution seeks death penalty for all 24 convicts----Pleading 
for maximum punishment, the prosecution said capital punishment could be 
considered by the court or the convicts be sent to jail and ordered to remain 
there till their last breath.


The prosecution in 2002 Gulberg housing society massacre case on Monday sought 
death penalty or life imprisonment till death for all the 24 convicts, calling 
the attack 'barbaric and inhuman' even as a special court deferred further 
hearing on sentencing to June 9.

Pleading for maximum punishment, the prosecution said capital punishment could 
be considered by the court or the convicts be sent to jail and ordered to 
remain there till their last breath.

As arguments over the quantum of sentence that lasted for over 2 1/2 hours 
remained inconclusive, the special SIT court judge P B Desai adjourned further 
hearing in the case to Thursday.

The court had on Friday convicted 24 and acquitted 36 others, while dropping 
conspiracy charges in the killings of 69 persons including former Congress MP 
Eshan Jafri in Gulberg housing society on February 29, 2002 in post-Godhra 
riots when Narendra Modi was Gujarat Chief Minister.

The massacre shook the nation when a mob of 400 people set about attacking the 
housing society in the heart of Ahmedabad and killed the residents.

It was 1 of the 9 cases of the 2002 Gujarat riots probed by the Supreme 
Court-appointed SIT.

Out of the total 66 accused, 6 died during the trial. Of the 24 convicted, 11 
have been charged with murder, while 13 others including VHP leader Atul Vaidya 
have been convicted for lesser offences.

Public prosecutor representing the Supreme Court- appointed Special 
Investigation Team (SIT), R C Kodekar in his arguments before the court said as 
per section 149 IPC all those who are convicted should be given maximum 
punishment which is capital punishment.

"If capital punishment is not considered, they should be sent to jail till they 
live," he said.

Section 149 of the IPC reads, "If an offence is committed by any member of an 
unlawful assembly in prosecution of the common object of that assembly, or such 
as the members of that assembly knew to be likely to be committed in 
prosecution of that object, every person who, at the time of the committing of 
that offence, is a member of the same assembly, is guilty of that offence."

"The manner of crime was cruel, barbaric and inhuman. Victims' bodies were 
roasted alive, in the crime for which there was no provocation, much less in 
case of women and children who were defenceless," Kodekar told the court.

"Out of those 39 bodies recovered after crime, 20 were women and 6 children. 
Most families of Gulberg Society lost their kith and kin while 3 families lost 
all members," Kodekar said.

"Out of 30 missing, 14 were women and 8 children," Kodekar said, adding that 
women and children were defenseless and unarmed.

After the Gulberg Society incident, 39 bodies were recovered, while 30 others 
were declared dead as they were not traceable after 7 years, taking the death 
toll to 69.

A lawyer for the victims S M Vora also sought maximum punishment for the 
accused and argued that sentencing for each offence should not run concurrently 
so that they spend their entire life in jail.

A lawyer for the accused, however, rejected the demand of capital punishment or 
maximum punishment in his arguments, saying the incident was spontaneous and 
there were enough provocations for it.

(source: indianexpress.com)